# O.I.C.L., a Minor Child v. Florida Department of Children and Families

> Supreme Court of Florida · September 22, 2016 · 41 Fla. L. Weekly Supp. 405

URL: https://www.frixlaw.com/law-library/cases/9836231

## Case

- **Full name:** O.I.C.L., Petitioner, v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, Respondent
- **Court:** Supreme Court of Florida
- **Decided:** September 22, 2016
- **Citations:** 41 Fla. L. Weekly Supp. 405; 205 So. 3d 575; 2016 Fla. LEXIS 2072
- **Precedential status:** Published
- **Opinion:** Concurrence by Canady
- **Judges:** Polston, Lewis, Quince, Canady, Labarga, Pariente, Perry
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9836231

## How later opinions describe it (automated extraction)

- holding that appellate question pertaining to denial of private petition for dependency was moot because “an individual over the age of 18 fails to satisfy Florida’s statutory definition of a ‘child’ who can be adjudicated a dependent child”

## Opinion text

CANADY, J.,
concurring in result.
I agree with the view that -this case should be discharged because it is moot. I would conclude that the retention of jurisdiction provided for in section 39.5075(6), Florida Statutes, does not apply when — as in this case — a private petition has been filed. .
The full statutory context makes clear that even if the court may act on a petition after a child has reached 18 years of age, the authority to do so extends only to petitions filed either by the Department of Children and Families or a community-based care provider — not to petitions filed by a private party. The petitions referred to in section 39.5075(6), which are subject to extended jurisdiction, must be understood to be petitions filed in accordance with section 39.5075(4), which provides: “If the child may be eligible for special immigrant juvenile status, the department or community-based care provider shall petition the court for an order finding that the child meets the criteria for special immigrant juvenile status.”

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9836231. Public record. Not legal advice.